Spea-v 184 exam 2 Latest Update 2024-2025
Questions and 100% Verified Correct Answers
Guaranteed A+
Actus reus Refers to the act or omission that comprise the physical elements of a
crime as required by statute. (the act of crime)
Batson Rule The dismissal of jurors without stating a valid cause may not be used to
exclude jurors based solely on their race, ethnicity, or sex
Brady Rule (including Giglio) Requires prosecutors to disclose materially
exculpatory evidence in the governments possession to the defense
Under Brady-Giglio, when a police officer is called as a witness for a law enforcement
agency, the prosecutor must disclose impeachment evidence,meaning any evidence
that "casts a substantial doubt upon the accuracy" of the witness testimony
Castle doctrine v Stand your ground - how are they different?Castle Doctrine: a legal
doctrine that designates a person's abode or any legally occupied space. (vehicle or
home) as a place in which that person has protections and immunities permitting in
certain circumstances to defend oneself against an intruder, free from legal prosecution
for the consequences of the force used
Stand your ground: provides that people may use deadly force when they reasonably
believe it is necessary to defend against a threat of death, serious bodily harm,
kidnapping, rape, or in some jurisdictions robbery or other serious crimes
Categories of homicide • Homicide (Under MPC)
• Murder
• A killing that is caused purposely, knowingly, or recklessly "under any circumstnaces
manifesting extreme indifference to the value of human life."
• Manslaughter
, • Voluntary: killing in the heat of passion resulting from adequate provocation by the
victim
• Involuntary: killing resulting from criminal negligence; killing in the course of a
misdemeanor
• First Degree Murder: "classic" model two types
- Premeditated killing
• Defendant ("D") acted with knowledge or intent that his or her conduct would cause
death
- Felony Murder
• Any killing, even accidental, committed during the course of another type of felony
• Second Degree Murder
- General intent
- Highly reckless conduct with an extreme indifference to human life
• Manslaughter
- Voluntary: killing in the heat of passion resulting from adequate provocation by the
victim
- Involuntary: killing resulting from criminal negligence; killing in the course of a
misdemeanor
Criminal v Civil law - what are the differences? Civil Law = the system of law concerned
with private relations between members of a community rather than criminal, military, or
religious affairs; Criminal Law = a system of law concerned with the punishment of
those who commit crimes.
Death Penalty - when is it cruel and unusual under 8th Amendment: impact of Furman,
Gregg, Roper v Simmons.
What are limits on juvenile punishment under Eighth Amendment FURMAN:
Five justices vote against Georgia's capital punishment mechanism.
• Generally, found death penalty to be arbitrarily and randomly imposed so as to violate
the Eighth Amendment.
Questions and 100% Verified Correct Answers
Guaranteed A+
Actus reus Refers to the act or omission that comprise the physical elements of a
crime as required by statute. (the act of crime)
Batson Rule The dismissal of jurors without stating a valid cause may not be used to
exclude jurors based solely on their race, ethnicity, or sex
Brady Rule (including Giglio) Requires prosecutors to disclose materially
exculpatory evidence in the governments possession to the defense
Under Brady-Giglio, when a police officer is called as a witness for a law enforcement
agency, the prosecutor must disclose impeachment evidence,meaning any evidence
that "casts a substantial doubt upon the accuracy" of the witness testimony
Castle doctrine v Stand your ground - how are they different?Castle Doctrine: a legal
doctrine that designates a person's abode or any legally occupied space. (vehicle or
home) as a place in which that person has protections and immunities permitting in
certain circumstances to defend oneself against an intruder, free from legal prosecution
for the consequences of the force used
Stand your ground: provides that people may use deadly force when they reasonably
believe it is necessary to defend against a threat of death, serious bodily harm,
kidnapping, rape, or in some jurisdictions robbery or other serious crimes
Categories of homicide • Homicide (Under MPC)
• Murder
• A killing that is caused purposely, knowingly, or recklessly "under any circumstnaces
manifesting extreme indifference to the value of human life."
• Manslaughter
, • Voluntary: killing in the heat of passion resulting from adequate provocation by the
victim
• Involuntary: killing resulting from criminal negligence; killing in the course of a
misdemeanor
• First Degree Murder: "classic" model two types
- Premeditated killing
• Defendant ("D") acted with knowledge or intent that his or her conduct would cause
death
- Felony Murder
• Any killing, even accidental, committed during the course of another type of felony
• Second Degree Murder
- General intent
- Highly reckless conduct with an extreme indifference to human life
• Manslaughter
- Voluntary: killing in the heat of passion resulting from adequate provocation by the
victim
- Involuntary: killing resulting from criminal negligence; killing in the course of a
misdemeanor
Criminal v Civil law - what are the differences? Civil Law = the system of law concerned
with private relations between members of a community rather than criminal, military, or
religious affairs; Criminal Law = a system of law concerned with the punishment of
those who commit crimes.
Death Penalty - when is it cruel and unusual under 8th Amendment: impact of Furman,
Gregg, Roper v Simmons.
What are limits on juvenile punishment under Eighth Amendment FURMAN:
Five justices vote against Georgia's capital punishment mechanism.
• Generally, found death penalty to be arbitrarily and randomly imposed so as to violate
the Eighth Amendment.
